Title of Rule and Other Identifying Information: Revise
chapter 173-218 WAC, Underground injection control (UIC)
program, and make a small change to chapter 173-216 WAC, State
waste discharge program.

• The current UIC rule needs to be updated to meet federal
changes made in 1999.

• The current state waste permit program regulation does
not apply to injection of fluids through UIC wells
regulated by chapter 173-218 WAC. The proposal will
bring consistency between the rules that regulate UIC
wells, chapters 173-218 and 173-216 WAC.

Hearing Location(s): Lower Columbia College, Student
Center, 1600 Maple, Longview, WA 98632, on August 16, 2005, at
1:30 p.m.; at the Snohomish County PUD, South Office, 21018
Highway 99, Edmonds, WA 98026, on August 18, 2005, at 1:30
p.m.; at the Yakima Convention Center, 10 North 8th Street,
Yakima, WA 98901, on August 23, 2005, at 1:30 p.m.; and at the
Spokane Downtown Public Library, Room 1-A, West 906 Main
Street, Spokane, WA 99202, on August 24, 2005, at 1:30 p.m.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The underground
injection control (UIC) program regulates fluids, such as
stormwater, that go to ground through UIC wells, such as, dry
wells, large on-site septic systems and other infiltration
devices.

Proposed amendments will include:

(1) Revising the state UIC rule language to bring it
current with new federal rule changes.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. BACKGROUND: Washington State Department of Ecology
(ecology) is proposing adoption of rule amendments for chapter 173-218 WAC, Underground injection control (UIC) program and
chapter 173-216 WAC, State waste discharge permit program.
The statutes authorizing ecology to adopt the proposed rule
amendments are RCW 43.21A.445, 90.48.035, and 90.48.080. The
rule amendments are due to revisions of the federal UIC rule
in 1999. The federal revision included definition changes and
the nationwide ban of two types of UIC wells. Ecology needs
to incorporate the federal amendments in the UIC regulation to
make it current with the federal requirements. The proposed
rule amendments will also bring consistency between the
federal and state rules.

The underground injection control (UIC) program regulates
fluids, such as stormwater, that go to ground through UIC
wells. UIC wells include dry wells, catch basins, large
on-site septic systems, and other infiltration devices. The
proposed rule amendments include:

1. Revising the UIC rule language to make chapter 173-218 WAC consistent with new federal rule changes and to better
clarify the requirements for new and existing UIC wells.

2. Allowing UIC wells to be included in a state waste
discharge permit, if necessary.

3. Clarifying language in the rules.

As required by RCW 19.85.030, ecology is developing and
issuing this small business economic impact statement (SBEIS)
as part of this rule adoption process. The objective of this
SBEIS is to identify and evaluate the various requirements and
costs that the proposed rule amendments might impose on
business. In particular, the SBEIS examines whether the costs
on business that might be imposed by the proposed rule
amendments impose a disproportionate impact on the state's
small businesses. This is consistent with the legislative
purpose of the Regulatory Fairness Act (chapter 19.85 RCW) and
is set out in RCW 19.85.011:

"The legislature finds that administrative rules adopted
by state agencies can have a disproportionate impact on the
state's small businesses because of the size of those
businesses. This disproportionate impact reduces competition,
innovation, employment and new employment opportunities, and
threatens the very existence of some small businesses."

The specific purpose and required contents of the SBEIS
is contained in RCW 19.85.040.

(1) A small business economic impact statement must
include a brief description of the reporting, recordkeeping,
and other compliance requirements of the proposed rule, and
the kinds of professional services that a small business is
likely to need in order to comply with such requirements. It
shall analyze the costs of compliance for businesses required
to comply with the proposed rule adopted pursuant to RCW
34.05.320, including costs of equipment, supplies, labor, and
increased administrative costs. It shall consider, based on
input received, whether compliance with the rule will cause
businesses to lose sales or revenue. To determine whether the
proposed rule will have a disproportionate impact on small
businesses, the impact statement must compare the cost of
compliance for small business with the cost of compliance for
the ten percent of businesses that are the largest businesses
required to comply with the proposed rules using one or more
of the following as a basis for comparing costs:

(a) Cost per employee;

(b) Cost per hour of labor; or

(c) Cost per one hundred dollars of sales.

(2) A small business economic impact statement must also
include:

(a) A statement of the steps taken by the agency to
reduce the costs of the rule on small businesses as required
by RCW 19.85.030(3), or reasonable justification for not doing
so, addressing the options listed in RCW 19.85.030(3);

(b) A description of how the agency will involve small
businesses in the development of the rule; and

(c) A list of industries that will be required to comply
with the rule. However, this subsection (2)(c) shall not be
construed to preclude application of the rule to any business
or industry to which it would otherwise apply.

For purposes of an SBEIS, the terms "small business," and
"industry" are defined by RCW 19.85.020. "Small business"
means any business entity, including a sole proprietorship,
corporation, partnership, or other legal entity, that is owned
and operated independently from all other businesses, that has
the purpose of making a profit, and that has fifty or fewer
employees. "Industry" means all of the businesses in this
state in any one four-digit standard industrial classification
as published by the United States Department of Commerce.

The proposed UIC well rule amendments developed by
ecology as part of this rule-making process will be evaluated
in the following sections of this document. Specifically, the
following sections contain the information required by the
Regulatory Fairness Act, chapter 19.85 RCW.

2. ANALYSIS OF COMPLIANCE COSTS FOR WASHINGTON BUSINESSES: The SBEIS is
intended to analyze the difference between the situation
"without the proposed rule amendments" and the expected
situation "with the proposed rule amendments." In order to
accomplish this comparison, a baseline scenario, which
describes the current situation, must be defined. The
baseline used in this analysis is the current situation under
the federal and state regulations. The reason is that without
the proposed rule amendments, the UIC well owners or operators
must comply with both the federal regulations and the state
regulations.

In the proposed rule amendments, some changes originated
from the federal requirement, some are clarifications of the
existing rule with no real change, and some create consistency
with other regulations. All of these make no real change from
the baseline, and will not have cost impacts on those to
comply, so they are not analyzed in detail in this SBEIS.
This analysis will only analyze the changes from the baseline
that would result in additional costs.

2.0 Classes of UIC Wells: Each UIC well can be
classified into one of the five classes (Class I, II, III, IV,
and V UIC wells) defined in the proposed WAC 173-218-040.
These definitions are almost the same as the definitions in
the federal regulations, and are slightly different from the
definitions in the existing rule. However, these small
changes of definition would not be expected to impose
additional costs to businesses.

2.1 Impacts on Class I, II, III, and IV UIC Wells: For
Class I, II, III, and IV UIC wells, the comparison of the
three rules (the existing UIC rule, the proposed UIC rule, and
the federal regulations) is listed in Table 2.1. From the
table, one can conclude that the proposed rule amendments will
have no cost impacts on Class I, II, III, and IV UIC wells in
Washington.

Table 2.1 Comparison of the rules and regulations for Class I -- IV UIC wells

Prohibited, except
reinjecting treated
water back into the
same formation.

Authorized
by rule under
certain
requirements

Benefit

2.2 Impacts on Class V UIC Wells: The majority of UIC
wells in Washington are Class V UIC wells, which include all
injection wells not included in Class I, II, III, or IV.
Class V wells are usually shallow injection wells that inject
fluids above the upper most ground water aquifer. Some
examples are dry wells, French drains and drain fields used to
manage stormwater.

The requirements of Class V UIC wells under the existing
UIC rule are:

(1) All new Class V injection wells that inject
industrial, municipal, or commercial waste fluids into or
above an USDW are prohibited.

(2) All persons operating an existing Class V injection
well, that inject industrial, commercial, or municipal waste
fluids into or above an USDW, must apply to the department for
approval to operate......

(3) All other Class V injection well owners and operators
must notify the department......

The definition of waste fluid in the existing rule is:

"Waste fluid" means any discarded, abandoned, unwanted,
or unrecovered fluid(s), except the following are not waste
fluids for the purposes of this chapter:

(a) Discharges into the ground or ground water of return
flow, unaltered except for temperature, from a ground water
heat pump used for space heating or cooling:

Provided, That such discharges do not have significant
potential, either individually or collectively, to affect
ground water quality or beneficial uses;

(b) Discharges of stormwater that are not contaminated or
potentially contaminated by industrial or commercial sources.

As such, the definition of "waste fluid" is broad in the
existing rule. Not only "contaminated," but also "potentially
contaminated" stormwater is treated as "waste fluids." The
Class V UIC wells built after February 29, 1984, that inject
"waste fluids" into ground water is prohibited, while the
wells built before that time needs to be approved by ecology.
Therefore the prohibited Class V wells in the proposed WAC 173-218-040 (5)(b) are also prohibited under the existing
rule. Thus, no additional costs will be generated.

For the injection wells allowed in the proposed WAC 173-218-040 (5)(a), only some drainage wells and septic system
wells are used to inject the waste or effluent. Other wells
would not inject "waste fluids" into the ground water and can
be approved under the existing rule. Therefore, there will be
no additional costs to the well owners from the rule change.

Most of the Class V UIC wells in Washington are drainage
wells for discharging stormwater. The existing UIC rule did
not allow most of the drainage wells because the discharge was
contaminated, or potentially contaminated, by industrial or
commercial sources. Without the proposed rule amendments, all
of the UIC wells receiving contaminated or potentially
contaminated discharges would need to be closed, and the
owners would need to develop other methods or facilities to
manage and/or treat their stormwater. With the proposed rule
amendments, most of these wells can meet the requirements for
"rule authorized." The well owners or operators will not need
to develop alternatives to treat stormwater. This will result
in savings of corresponding capital investment and other
resources. These savings are not additional costs.

For those UIC wells that need a permit under both the
proposed and existing UIC rules, ecology does not expect there
will be any real changes, thus no additional costs.

2.3 Decommissioning:WAC 173-218-120 addresses the
decommissioning standards and record-keeping requirements for
UIC wells. The decommissioning standards in the proposed rule
amendments are more specific than those in the federal
regulation (40 C.F.R. 146.10(c))1. However, the standards are
almost the same, thus there may be slight additional costs
that are not expected to be significant.

The decommissioning record keeping under the proposed
rule amendments requires an update on the wells that have been
decommissioned. This requirement would be a minor additional
one-time cost (less than $10) in the life time of a Class V
well.

2.4 Retrofit: "Retrofit" means taking actions to reduce
the pollutant load from a UIC well to meet the statutory
requirements of 40 C.F.R. 144.12 and RCW 90.48.010. The UIC
wells that need retrofitting under the proposed UIC rule
amendments are the wells that must be closed in the current
UIC rule. Under current regulations, the UIC wells that
cannot meet the statutory requirements would have no choice
but closure, and the well owners have to find other methods
and facilities to treat their polluted water. The proposed
rule amendments would allow UIC well owners to choose
retrofitting instead of closure. If the well owners believe
retrofitting is a big burden to them, they can still close
their UIC wells without retrofitting under the proposed rule
amendments. Retrofitting a well is an additional choice
provided by the proposed UIC rule, and cannot be a cost to the
UIC well owners.

2.5 Registration: Registration is required by the
federal regulation. The proposed UIC rule must reflect this
requirement. The existing rule also requires the UIC well
owners to notify ecology on an approved form. The UIC wells
that have been registered with ecology are not required to
register again. Registration is not considered to be an
additional cost to the well owners or operators.

2.6 Well Assessment: "Well assessment" meansan
evaluation of the potential risks to ground water from the use
of UIC wells. A well assessment includes information such as
the land use around the well which may affect the quality of
the discharge, the local geology, depth of the ground water in
relation to the UIC well, and if the UIC well is located in a
ground water protection area.

Well assessment is explicitly required by the proposed
rule amendments but is not explicitly required under the
baseline. This will be a cost to the well owners.

3. QUANTIFICATION OF COSTS AND RATIOS: The largest cost generated by
the proposed rule amendments is the cost of the well
assessment, although there may be some other minor costs. The
well assessment requirements offer flexibility to the well
owner. The owner may decide when, and how, to conduct the
assessment within a five-seven year period. If ecology
assumes the owner will hire a technician to do the well
assessment, and estimates that, on average, it will take the
technician two-five hours2 to finish the assessment and the
loaded hourly wage rate is $603, the cost of well assessment
for each UIC drainage well will be $120 to $300.

In this SBEIS, the names of business are taken from
ecology's UIC well database, and then are matched to
Washington Department of Employment Security's database to
find out the corresponding employee numbers. For an average
small business that has UIC wells, its employee number is 10.2
and has 6.3 UIC wells. For an average top 10% business, its
employee number is 10,733, and has 4.7 UIC wells (large
employee number is due to the big impact of a large company).

Therefore, the cost per employee ratio for small business
is from $73.73 to $184.31 per employee, and is from $0.05 to
$0.13 per employee for the top 10% largest business.
Therefore, the proposed rule amendments have a
disproportionate impact on small business.

4. ACTIONS TAKEN TO REDUCE THE IMPACT OF THE RULE ON SMALL BUSINESS: This SBEIS
concludes that the proposed rule amendments will
disproportionately impact small business. RCW 19.85.030(2)
requires:

Based upon the extent of disproportionate impact on small
business identified in the statement prepared under RCW
19.85.040, the agency shall, where legal and feasible in
meeting the stated objectives of the statutes upon which the
rule is based, reduce the costs imposed by the rule on small
businesses.

To comply with above requirements, the proposed rule
amendments provide some cost saving measures to mitigate the
impacts to small business, which can be summarized as follows:

An on-line registration is being developed for the
majority of UIC well uses so that the registrations process is
streamlined and easy to use.

Industrial facilities that have already developed a
stormwater pollution prevention plan (SWPPP) to meet NPDES
requirements can also use the SWPPP to meet the requirements
of a well assessment (see WAC 173-218-090 (2)(c)(ii)).

A new section of the rule has been added (WAC 173-218-100) to identify certain UIC wells that automatically
meet the nonendangerment standard. The types of wells listed
in this section are considered rule-authorized after they are
registered, which means that the owner does not need to
provide a well assessment.

An on-line registration is being developed for the
majority of UIC well uses so that the registrations process is
streamlined and easy to use.

Ecology also plans to provide an on-line, read-only
access to the UIC well database so that the public and
interested parties can quickly query the database for
registration information.

A new section of the rule has been added (WAC 173-218-100) to identify certain UIC wells that automatically
meet the nonendangerment standard. The types of wells listed
in this section are considered rule authorized after they are
registered, which means that the owner does not need to
provide a well assessment.

(c) Reducing the frequency of inspections;

No inspection is required by the proposed rule
amendments.

(d) Delaying compliance timetables;

Businesses have three to five years to register their UIC
wells, and have five to seven years to complete a well
assessment.

(e) Reducing or modifying fine schedules for
noncompliance;

The enforcement relies on the Water Pollution Control
Act, chapter 90.48 RCW, which is impossible for ecology to
make a change in this rule making.

(f) Any other mitigation techniques.

The proposed rule amendments provide two approaches, a
presumptive approach and a demonstrative approach, which give
businesses the flexibility to comply with the nonendangerment
requirement, and reduce their costs. Well owners can retrofit
their noncompliance well instead of closure, which is also a
cost saving measure.

5. THE INVOLVEMENT OF SMALL BUSINESS IN THE DEVELOPMENT OF THE PROPOSED RULE
AMENDMENTS: In the rule-making process, ecology set up the UIC
rule advisory committee. Various businesses, including small
businesses, were invited to participate in the committee and
give comments on the proposed rule amendments. The committee
held six meetings and received comments from some small
businesses. Ecology also posted a draft version of the rule
language out for public review on its UIC web site. All these
measures provide opportunity for small businesses to be
involved in developing the proposed rule amendments revision.

6. THE SIC CODES OF IMPACTED INDUSTRIES: From the UIC well database,
ecology concludes that the businesses associated with the SIC
codes listed in Table 6.1 will be impacted from the proposed
rule amendments. However, the affected SIC codes are only
derived from the existing database. Obviously, the UIC wells
are associated with the property, and businesses in any SIC
code can potentially own property. Therefore, it is
reasonable to assume that more businesses with other SIC codes
can potentially be impacted, because many businesses can
possibly have/need UIC wells.

Table 6.1 SIC code of impacted businesses

1721

2421

2495

2813

3273

3334

3571

4911

5033

5172

5191

5431

5541

5812

5962

6512

6531

6552

6792

8711

8221

8731

8741

8748

140 C.F.R. 146.10(c) Requirements for Class V wells.

(1) Prior to abandoning a Class V well, the owner or operator shall close the well in a manner than prevents the movement
of fluid containing any contaminant into an underground source of drinking water, if the presence of that contaminant may cause a
violation of any primary drinking water regulation under 40 C.F.R. part 141 or may otherwise adversely affect the health of persons.

(2) The owner or operator shall dispose of or otherwise manage any soil, gravel, sludge, liquids, or other materials removed
from or adjacent to the well in accordance with all applicable federal, state, and local regulations and requirements.

WAC 173-216-010
Purpose.
(1) The purpose of this
chapter is to implement a state permit program, applicable to
the discharge of waste materials from industrial, commercial,
and municipal operations into ground and surface waters of the
state and into municipal sewerage systems. However, this
regulation does not apply to the following:

(a) ((The injection of fluids through wells which are
regulated by the Underground injection control program,
chapter 173-218 WAC.

(b))) The point source discharge of pollutants into
navigable waters of the state which are regulated by the
National Pollutant Discharge Elimination System (NPDES) Permit
Program, chapter 173-220 WAC.

(((c))) (b) The discharge of pollutants into waters of
the state which are regulated by the Waste discharge general
permit program, chapter 173-226 WAC.

(2) Permits issued under this chapter are designed to
satisfy the requirement for discharge permits under the Water
Pollution Control Act, chapter 90.48 RCW and to implement
applicable pretreatment requirements under section 307 of the
Federal Water Pollution Control Act (33 U.S.C. § 1251 et
seq.).

WAC 173-218-010
Purpose.
(((1))) The purpose of this
chapter is to ((set forth the procedures and practices
applicable to the injection of fluids through wells.

(2) Permits issued in accordance with the provisions of
this chapter are designed:

(a) To satisfy)) protect ground water quality by:

(1) Preventing ground water contamination by regulating
the discharge of fluids into Underground Injection Control
(UIC) wells; and

(2) Satisfying the intent and requirements of Part C of
the Federal Safe Drinking Water Act (SDWA) ((42 U.S.C. § 300h
et seq. as authorized by RCW 43.21A.445)) and ((of)) the
Washington state Water Pollution Control Act, chapter 90.48 RCW((; and

(b) To preserve and protect ground waters, including
underground sources of drinking water, for existing and future
beneficial uses)).

WAC 173-218-020
Policy ((enunciated)).
(1) ((It shall
be)) The policy of the department of ecology ((in carrying out
the purposes of)) for this chapter is:

(a) To ((maintain the highest possible standards to
prevent the injection of fluids that may endanger ground
waters which are obtainable for beneficial uses or which
contain fewer than 10,000 mg/L of total dissolved solids))
preserve and protect ground waters by preventing the injection
of fluids that will endanger ground water;

(i) That contains fewer than 10,000 mg/L of total
dissolved solids and is obtainable for beneficial uses as
defined in WAC 173-218-030;

(ii) That contains greater than 10,000 mg/L of total
dissolved solids and is obtainable for beneficial uses if the
practices meet the requirements of this chapter;

(b) To require the use of all known, available, and
reasonable methods ((to prevent and control the discharge of
fluids and waste fluids into the waters of the state;

(c) To protect public health and welfare through
preservation and protection of the quality of the state's
ground waters)) of prevention, control and treatment (AKART)
to the discharge of fluids and waste fluids into the waters of
the state as authorized by RCW 90.48.010; and

(c) To prohibit the injection of fluids through wells
except as authorized by this chapter.

(2) Consistent with this policy((:

(a))), the disposal of waste fluids from industrial,
commercial, or municipal sources, or multifamily dwellings,
into wells will ((not)) be authorized by the department,
((except that existing operations are authorized)) providing
these operations satisfy ((the standards and requirements of))
this chapter((;

(b) The department will act to prevent the disposal of
waste fluids that present a risk to human health, including
the potential, chronic effects of lifetime exposure to waste
fluids)) and are in compliance with local, state, and federal
laws.

(2) "Class I injection well" means a well used to inject
industrial, commercial, or municipal waste fluids beneath the
lowermost formation containing, within 1/4-mile of the well
bore, an USDW.

(3) "Class II injection well" means a well used to inject
fluids:

(a) Brought to the surface in connection with
conventional oil or natural gas exploration or production and
may be commingled with wastewaters from gas plants which are
an integral part of production operations, unless those waters
are classified as dangerous wastes at the time of injection;

(b) For enhanced recovery of oil or natural gas; or

(c) For storage of hydrocarbons which are liquid at
standard temperature and pressure.

(4) "Class III injection well" means a well used for
extraction of minerals, including but not limited to the
injection of fluids for:

(a) In-situ production of uranium or other metals that
have not been conventionally mined;

(b) Mining of sulfur by Frasch process; or

(c) Solution mining of salts or potash.

(5) "Class IV injection well" means a well used to inject
dangerous or radioactive waste fluids.

(7) "Dangerous waste" means any discarded, useless,
unwanted, or abandoned nonradioactive substances, including
but not limited to certain pesticides or any residues or
containers of such substances, which are disposed of in such
quantity or concentration as to pose a substantial present or
potential hazard to human health, wildlife, or the environment
because such wastes or constituents or combinations of such
wastes:

(a) Have short-lived, toxic properties that may cause
death, injury, or illness or have mutagenic, tertogenic, or
carcinogenic properties; or

(9) "Fluid" means any material or substance which flows
or moves whether in a semisolid, liquid, sludge, gas, or any
other form or state.

(10) "Ground waters" means all waters that exist beneath
the land surface or beneath the bed of any stream, lake or
reservoir, or other body of surface water within the
boundaries of this state, whatever may be the geological
formation or structure in which such water stands or flows,
percolates, or otherwise moves (Regulation of public ground
waters, chapter 90.44 RCW).

(11) "Injection well" means a "well" that is used for the
subsurface emplacement of fluids.

(12) "New injection well" means an injection well that is
proposed subsequent to the effective date of this chapter.

(13) "Person" includes any political subdivision, local,
state, or federal government agency, municipality, industry,
public or private corporation, partnership, association, firm,
individual, or any other entity whatsoever.

(16) "Underground source of drinking water (USDW)" means
ground waters which contain fewer than 10,000 mg/L of total
dissolved solids or which are obtainable for beneficial uses.

(17) "Waste fluid" means any discarded, abandoned,
unwanted, or unrecovered fluid(s), except the following are
not waste fluids for the purposes of this chapter:

(a) Discharges into the ground or ground water of return
flow, unaltered except for temperature, from a ground water
heat pump used for space heating or cooling: Provided, That
such discharges do not have significant potential, either
individually or collectively, to affect ground water quality
or beneficial uses;

(b) Discharges of stormwater that are not contaminated or
potentially contaminated by industrial or commercial sources.

(18) "Well" means a bored, drilled or driven shaft, or
dug hole whose depth is greater than the largest surface
dimension.)) "Abandoned well" means a well that is unused,
unmaintained, or is in such disrepair as to be unusable.

"AKART" is an acronym that means all known, available and
reasonable methods of prevention, control and treatment.
AKART shall represent the most current methodology that can be
reasonably required for preventing, controlling, or abating
the pollutants associated with a discharge. The concept of
AKART applies to both point and nonpoint sources of pollution.
The term "best management practices" typically applies to
nonpoint source pollution controls, and is considered a subset
of the AKART requirement. The storm water management manuals
(see definition in this section) may be used as a guideline,
to the extent appropriate, for developing best management
practices to apply AKART for storm water discharges.

"Aquifer" means a geologic formation, group of formations
or part of a formation capable of yielding a significant
amount of ground water to wells or springs.

"Beneficial uses" mean uses of the waters of the state
which include, but are not limited to, use for domestic, stock
watering, industrial, commercial, agricultural, irrigation,
mining, fish and wildlife maintenance and enhancement,
recreation, generation of electric power and preservation of
environmental and aesthetic values, and all other uses
compatible with the enjoyment of the public waters of the
state.

"Cesspool" means a drywell that receives untreated
sanitary waste containing human excreta, and that sometimes
has an open bottom and/or perforated sides that discharge to
the subsurface.

"Commercial business" means a type of business activity
that may distribute goods or provide services, but does not
involve the manufacturing, processing or production of goods.

"Contaminant" means any chemical, physical, biological,
or radiological substance that does not occur naturally in
ground water or that occurs at concentrations greater than
those found naturally.

"Contamination" means introduction of a contaminant.

"Decommission" means to fill or plug a UIC well so that
it will not result in an environmental or public health or
safety hazard, nor serve as a channel for movement of water or
pollution to an aquifer.

"Department" means department of ecology.

"Dispersion" means the release of surface and storm water
runoff from a drainage facility system such that the flow
spreads over a wide area and is located so as not to allow
flow to concentrate anywhere upstream of a drainage channel
with erodible underlying granular soils.

"Drywell" means a well, other than an improved sinkhole
or subsurface fluid distribution system, completed above the
water table so that its bottom and sides are typically dry
except when receiving fluids.

"Existing well" means a well that is in use at the
adoption date of this rule.

"Fluid" means any material or substance which flows or
moves whether in a semisolid, liquid, sludge, gas, or any
other form or state.

"Ground waters" mean all waters that exist beneath the
land surface or beneath the bed of any stream, lake or
reservoir, or other body of surface water within the
boundaries of this state, whatever may be the geological
formation or structure in which such water stands or flows,
percolates, or otherwise moves.

"Ground water protection area" means a geographic area
that is by or close by a surrounding community and
nontransient noncommunity water system, that uses ground water
as a source of drinking water (40 CFR 144.87) and other
sensitive ground water areas are areas critical to protecting
underground sources of drinking water from contamination; such
as sole source aquifers, highly productive aquifers supplying
private wells, critical aquifer recharge areas and/or other
state and local areas determined by state and local
governments.

"Hazardous substances" mean any dangerous or extremely
hazardous waste as defined in RCW 70.105.010 (5) and (6) or
any dangerous or extremely dangerous waste as designated by
rule under chapter 70.105 RCW; any hazardous substance as
defined in RCW 70.105.010(14) or any hazardous substance as
defined by rule under chapter 70.105 RCW; any substance that,
on the effective date of this section, is a hazardous
substance under section 101(14) of the federal cleanup law, 42
U.S.C., Sec. 9601(14); petroleum or petroleum products; and
any substance or category of substances, including solid waste
decomposition products, determined by the director by rule to
present a threat to human health or the environment if
released into the environment.

"High threat to ground water" means, for this chapter, a
UIC well is a high threat to ground water when it receives
waste fluids that cannot meet the criteria in chapter 173-200 WAC Water quality standards for ground waters of Washington
(GWQS) at the top of the aquifer, which include, but are not
limited to: A UIC well that receives drainage, that has not
been pretreated and does not meet the GWQS, from an area where
storm water comes into contact with a vehicle fueling area,
airport deicing activities, storage of treated lumber or
vehicle washing, or a UIC well that receives a discharge that
is determined to be an imminent public health hazard by a
legal authority or is prohibited in this chapter.

"Improved sinkhole" means a naturally occurring karst
depression or other natural crevice found in volcanic terrain
and other geologic settings that has been modified by man for
the purpose of directing and emplacing fluids into the
subsurface.

"Infiltration pond" means an earthen impoundment used for
the collection, temporary storage and infiltration of incoming
storm water runoff.

"Infiltration trench" means a trench used to infiltrate
fluid into the ground and is generally at least twenty-four
inches wide with perforated pipe or a product with similar use
installed and backfilled with a coarse aggregate.

"Industrial wastewater" means water or liquid-carried
waste from industrial or commercial processes, as distinct
from domestic wastewater. These wastes may result from any
process or activity of industry, manufacture, trade or
business, from the development of any natural resource, or
from animal operations such as feedlots, poultry houses or
dairies. The term includes contaminated storm water and,
also, leachate from solid waste facilities.

"Motor vehicle waste disposal well" means a Class V
injection well that is typically a shallow disposal system
that receives or has received fluids from vehicular repair or
maintenance activities such as auto body repair shop,
automotive repair shop, new and used car dealership, specialty
repair shops or any facility that does any vehicular repair
work (40 CFR 144.81).

"New injection well" means an injection well that is put
in use following the effective date of this chapter.

"Nonendangerment standard" means to prevent the movement
of fluid containing any contaminant into the ground water if
the contaminant may cause a violation of the Water quality
standards for ground waters of the state of Washington,
chapter 173-200 WAC or may cause health concerns.

"Nonpollution-generating surface" means a surface
considered to be an insignificant source of pollutants in
storm water runoff. Such as, but not limited to, roofs
subject only to atmospheric deposition or normal heating,
ventilation and air conditioning vents.

"Person" means any political subdivision, local, state,
or federal government agency, municipality, industry, public
or private corporation, partnership, association, firm,
individual, or any other entity whatsoever.

"Point of compliance" means the location where the
facility must be in compliance with chapter 173-200 WAC Water
quality standards for ground waters of the state of
Washington; the top of the aquifer, as near to the source as
technically, hydrogeologically, and geographically feasible.

"Pollution" means contamination or other alteration of
the physical, chemical, or biological properties of waters of
the state, including change in temperature, taste, color,
turbidity, or odor of the waters: Or such discharge of any
liquid, gaseous, solid, radioactive or other substance into
any waters of the state as will, or is likely to, create a
nuisance or render such waters harmful, detrimental, or
injurious to the public health, safety or welfare, or to
domestic, commercial, industrial, agricultural, recreational,
or other legitimate beneficial uses, or to livestock, wild
animals, birds, fish or other aquatic life.

"Pollution-generating surfaces" mean the surfaces are
considered a significant source of pollutants in storm water
runoff. Pollution generating surfaces include pollution
generating pervious surfaces and pollution generating
impervious surfaces such as surfaces that are subject to:
Regular vehicular use, industrial activities, or storage of
erodible or leachable materials that receive direct rainfall,
or the run-on or blow-in of rainfall, use of pesticides or
fertilizers or loss of soil; or leaching such as from metal
roofs not coated with an inert, nonleachable material, roofs
that are subject to venting of manufacturing, commercial, or
other indoor pollutants. Examples are: Roads, unvegetated
road shoulders, bike lanes within the traveled lane of a
roadway, driveways, parking lots, unfenced fire lanes,
vehicular equipment storage yards, airport runways, lawns, and
landscaped areas that apply pesticide applications; such as
golf courses, parks, cemeteries, and sports fields except for
landscaped areas that are approved infiltrative best
management practices.

"Proper management of storm water" means AKART has been
provided or the well owner has demonstrated that the discharge
will meet the nonendangerment standard.

"Radioactive waste" means any waste which contains
radioactive material in concentrations that exceed those
listed in 10 Code of Federal Regulations Part 20, Appendix B,
Table II, and Column 2.

"Retrofit" means taking actions to reduce the pollutant
load from a UIC well to meet the statutory requirements of 40
CFR 144.12 and RCW 90.48.010. These actions may include, but
are not limited to: Changes to the source control activities
and/or structures around the well; an upgrade to the well such
as adding a catch basin or spill control device; and/or
addition of pretreatment facilities or decommissioning. The
selection of actions is based on local priorities, required by
ecology or the local jurisdiction to address a documented
water quality problem.

"Rule authorized" means a UIC well that is registered
with the department and meets the nonendangerment standard.
If a well is rule authorized, it does not require a state
waste discharge permit from the department.

"Sanitary waste" means liquid or solid wastes originating
solely from humans and human activities, such as wastes
collected from toilets, showers, wash basins, sinks used for
cleaning domestic areas, sinks used for food preparation,
clothes washing operations, and sinks or washing machines
where food and beverage serving dishes, glasses, and utensils
are cleaned. Sources of these wastes may include single or
multiple residences, hotels and motels, restaurants,
bunkhouses, schools, ranger stations, crew quarters, guard
stations, campgrounds, picnic grounds, day-use recreation
areas, other commercial facilities, and industrial facilities
provided the waste is not mixed with industrial waste.

"Septic system" means a well that is used to discharge
sanitary waste below the surface and is typically comprised of
a septic tank and subsurface fluid distribution system or
disposal system. (Also called on-site sewage system.)

"Storm water" means the portion of precipitation that
does not naturally percolate into the ground or evaporate, but
flows via overland flow, interflow, pipes and other features
of a storm water drainage system into a defined surface water
body, or a constructed treatment, evaporation, or infiltration
facility.

"Storm water manuals" mean the Stormwater Management
Manual for Eastern or Western Washington or other manuals
approved by the department.

"Storm water pollution prevention plan" means a
documented plan to implement measures to identify, prevent,
and control the contamination of storm water and its discharge
to UIC wells.

"Subsurface fluid distribution system" means an
assemblage of perforated pipes, drain tiles, or other similar
mechanisms intended to distribute fluids below the surface of
the ground.

"UIC well" or "underground injection control well" means
a well that is used to discharge fluids into the subsurface.
A UIC well is one of the following: (1) A bored, drilled or
driven shaft, or dug hole whose depth is greater than the
largest surface dimension; (2) an improved sinkhole; or (3) a
subsurface fluid distribution system.

"Waste fluid" means any fluid that cannot meet the
nonendangerment standard at the point of compliance, which is
the top of the aquifer.

"Well assessment" means an evaluation of the potential
risks to ground water from the use of UIC wells. A well
assessment includes information such as the land use around
the well which may affect the quality of the discharge, the
local geology, depth of the ground water in relation to the
UIC well, and if the UIC well is located in a ground water
protection area.

"Well injection" means the subsurface emplacement of
fluids through a well.

WAC 173-218-040
((Authorization required.)) UIC well
classification including allowed and prohibited wells.((No
fluids may be injected through wells except as authorized
pursuant to this chapter.)) The most common type of UIC well
in Washington is a Class V well. A Class V well is usually a
shallow disposal well such as a drywell, drainfield or French
drain (see subsection (5) of this section).

(1) "Class I injection well" means a well used to inject
hazardous, nonhazardous and/or radioactive waste, beneath the
lowermost formation containing an underground source of
drinking water within one-quarter mile of the well bore. All
Class I wells are prohibited in Washington and must be
decommissioned.

(2) "Class II injection well" means a well used to inject
fluids:

(a) Brought to the surface in connection with natural gas
storage operations, or conventional oil or natural gas
production. It may be mixed with wastewaters from gas plants
that are an integral part of production operations, unless
those waters are classified as hazardous wastes at the time of
injection;

(b) For enhanced recovery of oil or natural gas; or

(c) For storage of hydrocarbons that are liquid at
standard temperature and pressure.

(3) "Class III injection well" means a well used for
extraction of minerals. All Class III wells are prohibited in
Washington and must be decommissioned. Examples of Class III
injection wells include, but are not limited to, the injection
of fluids for:

(a) In situ production of uranium or other metals that
have not been conventionally mined;

(b) Mining of sulfur by Frasch process; or

(c) Solution mining of salts or potash.

(4) "Class IV injection well" means a well used to inject
hazardous or radioactive waste into or above an underground
source of drinking water. Class IV wells are prohibited and
must be decommissioned except for Class IV wells reinjecting
treated ground water into the same formation from where it was
drawn as part of a removal or remedial action if such
injection is approved by EPA in accordance with the Resource
Conservation and Recovery Act, Comprehensive Environmental
Response, Compensation, and Liability Act, 40 CFR 144.13
(a)(4)(c) or by ecology under Model Toxics Control Act,
chapter 70.105D RCW. Other examples of Class IV wells
include:

(a) Hazardous or radioactive waste into or above a
formation that contains an underground source of drinking
water within one quarter mile of the well. This includes
disposal of hazardous waste into a septic system or cesspool
regardless of the size; or

(b) Hazardous or radioactive waste that cannot be
classified as a Class I well type or (a) of this subsection.

(5) "Class V injection well" means all injection wells
not included in Classes I, II, III, or IV. Class V wells are
usually shallow injection wells that inject fluids above the
uppermost ground water aquifer. Some examples are dry wells,
French drains used to manage storm water and drain fields.

(a) The following Class V injection wells are allowed in
Washington:

(i) Drainage wells used to drain surface fluids,
primarily storm water runoff, into or below the ground
surface, such as, but not limited to, a drywell or
infiltration trench containing perforated pipe;

(ii) Heat pump or cooling water return flow wells used to
inject water previously used for heating or cooling;

(iii) Aquifer recharge wells used to replenish the water
in an aquifer;

(iv) Salt water intrusion barrier wells used to inject
water into a fresh water aquifer to prevent the intrusion of
salt water into the fresh water;

(v) Septic systems serving multiple residences or
nonresidential establishments that receive only sanitary waste
and serve more than twenty people per day;

(vi) Subsidence control wells (not used for the purpose
of oil or natural gas production) used to inject fluids into a
nonoil or gas producing zone to reduce or eliminate subsidence
associated with the removal of fresh water;

(vii) Injection wells associated with the recovery of
geothermal energy for heating, aquaculture and production of
electric power;

(viii) Injection wells used in experimental technologies;

(ix) Injection wells used for in situ recovery of
lignite, coal, tar sands, and oil shale;

(xi) Injection wells used to inject spent brine into the
same formation from which it was withdrawn after extraction of
halogens or their salts;

(xii) Injection wells used to control flooding of
residential basements;

(xiii) Injection wells used for testing geologic
reservoir properties for potential underground storage of
natural gas or oil in geologic formations; if the injected
water used is of equivalent or better quality than the ground
water in the targeted geologic formation and the ground water
in the targeted geologic formation is nonpotable and/or toxic
because of naturally occurring ground water chemistry;

(xiv) Injection wells used as part of a reclaimed water
project;

(xv) Injection wells that receive fluids that cannot be
classified as agricultural, industrial, or storm water; such
as, but not limited to, potable water tank overflow, or
construction dewatering;

(b) The following Class V wells are prohibited in
Washington:

(i) New and existing cesspools including multiple
dwelling, community or regional cesspools, or other devices
that receive sanitary wastes that have an open bottom and may
have perforated sides that serve twenty or more people per
day. The UIC requirements do not apply to single family
residential cesspools or to nonresidential cesspools which
receive solely sanitary waste and have the capacity to serve
fewer than twenty persons a day;

(vi) Septic systems that receive waste other than
sanitary waste; such as, but not limited to, industrial
wastewater or storm water drained from an area that contains,
uses or stores hazardous substances.

WAC 173-218-050
((Class I injection wells.)) Exemptions
from UIC well status.(((1) New Class I injection wells are
prohibited.

(2) All persons operating an existing Class I injection
well operation must apply to the department for approval to
operate within one year of the effective date of this chapter.

(3) The department will accept, process, and act upon the
application in accordance with applicable requirements as
contained in 40 Code of Federal Regulations Parts 124 and 144
as published in Federal Register Volume 48, #64 (April 1,
1983) and Part 146 as published in Federal Register Volume 45,
#123 (June 24, 1980), Volume 46, #166 (August 27, 1981) and
Volume 47, #23 (February 3, 1982).)) The following are not
considered UIC wells and are not regulated under this chapter.

(1) Single-family residential septic systems, handling
only sanitary wastes and designed to serve less than twenty
people per day;

(2) Nonresidential septic systems and cesspools handling
only sanitary wastes and designed to serve less than twenty
people per day;

(3) Any dug, blasted or drilled hole, bored shaft that is
not used for the subsurface placement of fluids in accordance
with 40 CFR 144.1 (g)(1)(ii); or

WAC 173-218-060
((Class II injection wells.))
Requirements to operate a UIC well.(((1) Any person, who
proposes to conduct or is conducting a Class II injection well
operation, as defined in WAC 173-218-030 (3)(a), must notify
the oil and gas conservation committee (OGCC) in accordance
with the provisions of general rules, chapter 344-12 WAC.

(2) The department shall perform review, evaluation, and
approval in accordance with the provisions of general rules,
chapter 344-12 WAC.

(4) At present, there appears to be no reasonable
likelihood that approval will be sought for a Class II
injection well for either enhanced recovery of oil or natural
gas or for storage of liquid hydrocarbons; therefore, Class II
injection wells as defined in WAC 173-218-030 (3)(b) and
(3)(c) are not authorized. If it appears likely that approval
will be sought for either of these types of injection wells,
these regulations will be amended to include an appropriate
regulatory program.)) To operate an existing or new UIC well
in Washington, the UIC well must be registered and either rule
authorized or receive a state waste discharge permit from the
department to operate, except as noted below, and the
following must be met:

(1) Class I UIC wells are prohibited and must be
decommissioned.

(2) Class II UIC wells must be registered and have a
state waste discharge permit issued by the department to
operate, and the following must occur:

(a) The well must be reported to the department of
natural resources in accordance with the provisions of chapter 344-12 WAC General rules by any person who proposes to conduct
or is conducting a Class II injection well operation, as
defined in chapter 173-218 WAC;

(b) The department of natural resources will perform
review, evaluation, and approval in accordance with the
provisions of chapter 344-12 WAC General rules; and

(a) CERCLA sites conducting a cleanup under an EPA order,
consent order or consent decree or where the cleanup is being
conducted by EPA need to be registered.

(b) MTCA sites conducting a cleanup under a MTCA order,
agreed order or consent decree or where the cleanup is being
conducted by the department need to be registered.

(5) Class V UIC wells, except as noted below, must be
registered and either rule authorized (see WAC 173-218-070) or
receive a state waste discharge permit issued by the
department to operate including MTCA voluntary cleanup program
sites. The following Class V wells do not need a permit but
do have to register with the UIC program if they are
authorized in accordance with:

(a) CERCLA and are sites conducting a cleanup under an
EPA order, consent order or consent decree or where the
cleanup is being conducted by EPA; and

(b) MTCA and are sites conducting a cleanup under a MTCA
order, agreed order or consent decree or where the cleanup is
being conducted by the department.

WAC 173-218-070
((Class III injection wells.)) Rule
authorization and registration.((At present, there appears
to be no reasonable likelihood that approval will be sought
for a Class III injection well; therefore, Class III injection
wells are not authorized. If it appears likely that approval
will be sought for a Class III injection well, these
regulations will be amended to include an appropriate
regulatory program.)) In order to receive rule authorization,
your well must meet the nonendangerment standard (see WAC 173-218-080 and 173-218-090) and must be registered with the
department unless otherwise noted below. If your UIC well is
rule authorized, it does not need a state waste discharge
permit to operate. Rule authorization can be rescinded if a
UIC well no longer meets the nonendangerment standard of this
chapter.

(1) Registering your UIC well.

(a) The UIC well owner or operator must register the UIC
well with the department using the forms available from the
department. Forms are available for single and multiple sites
and can be found on the department's web site at
http://www.ecy.wa.gov/programs/wq/grndwtr/uic. When
completing the form, the following information must be
included:

(i) Operator/owner information;

(ii) Site location;

(iii) Best management practices used on-site;

(iv) UIC well description;

(v) Other information the department determines is
necessary to meet the nonendangerment standard.

(b) Owners of UIC wells used to manage storm water must:

(i) Complete a well assessment for existing wells (see
WAC 173-218-090); and

(ii) Provide to the department an annual update on any
well status changes after the initial well registration is
sent to the department.

(c) Owners of existing UIC wells that are not used for
storm water management must complete a survey provided by the
department except for wells in WAC 173-218-100.

(d) UIC wells on tribal land must be registered with the
Environmental Protection Agency, Region 10. Tribal land means
the land within Indian reservations and federal land located
off-reservation which is held in trust for Indians, unless
specifically delegated by EPA.

(e) UIC wells at single-family homes that only receive
residential roof runoff, or are used to control basement
flooding, do not have to register with the department.

(f) Septic systems that serve twenty or more people per
day that receive operating permits, meet the requirements and
are permitted in accordance with chapter 246-272B WAC Large
on-site sewage system regulations will be registered after the
Washington state department of health provides to the
department:

(i) Registration information for all systems with valid
operating permits as of the effective date of this chapter;
and

(ii) Annual updates on newly permitted systems and closed
systems.

(g) The following types of Class V UIC wells that require
an associated permit still need to register with the
department:

(i) Aquifer recharge wells that meet the requirements and
are permitted in accordance with chapter 173-157 WAC
Underground artificial storage and recovery;

(ii) Septic systems that serve twenty or more people per
day that meet the requirements and are permitted in accordance
with chapter 246-272 WAC On-site sewage systems;

(iii) UIC wells used for geothermal fluid return flow
into the same aquifer and that meet chapter 173-200 WAC Water
quality standards for ground waters of the state of Washington
and chapter 173-216 WAC State waste discharge permit program
requirements; and

(iv) UIC wells that are used as part of a reclaimed water
project that meet the requirements of the water reclamation
and reuse standards as authorized by RCW 90.46.042.

(2) The department will determine if the UIC well is rule
authorized based on the information provided in the
registration packet and will take one of the following actions
within sixty days:

(a) Provide written notification that your UIC well is
registered and rule authorized;

(b) Contact you or conduct a site visit if additional
information is needed;

(c) Provide written notification if rule authorization of
your UIC well is denied. The denial letter will include one
of the following:

(i) Written notification that improvements to your
on-site practices are needed to meet the nonendangerment
standards for rule authorization;

(ii) Written notification indicating that you must
decommission the UIC well (see WAC 173-218-130); or

(iii) Written notification indicating that you will have
to apply for a state waste discharge permit to operate your
UIC well under chapter 173-216 WAC State waste discharge
permit program.

(d) If you do not hear from the department within sixty
days, the well will be automatically registered until such
time that written notification is received.

(3) Class IV wells that are not prohibited (see WAC 173-218-040) are rule authorized, after the UIC well is
registered, for the life of the well if such subsurface
emplacement of fluids is authorized under the Comprehensive
Environmental Response, Compensation, and Liability Act,
Resource Conservation Recovery Act, 40 CFR 144.23(c) or the
Model Toxics Control Act.

WAC 173-218-080
((Class IV injection wells.)) The
nonendangerment standard for UIC wells.((Class IV injection
wells are prohibited regardless of proximity to USDW.)) To
meet the nonendangerment standard you must prevent the
movement of fluid containing any contaminant into the ground
water if the contaminant may cause a violation of chapter 173-200 WAC Water quality standards for the ground waters of
the state of Washington. In order to meet the nonendangerment
standard, you must meet the following requirements:

(2) Be in compliance with chapter 173-200 WAC Water
quality standards for ground waters of the state of
Washington; such as, but not limited to, providing best
management practices at the site that will fulfill the AKART
requirement; and

(3) Be constructed, operated, maintained and
decommissioned in a manner that protects ground water quality
as described in 40 CFR 144.12(a).

(2) All persons operating an existing Class V injection
well, that inject industrial, commercial, or municipal waste
fluids into or above an USDW, must apply to the department for
approval to operate within one year of the effective date of
this regulation. The department will accept, process, and act
upon the application in accordance with the procedures and
practices of the State waste discharge permit program, chapter 173-216 WAC.

(3) All other Class V injection well owners and operators
must notify the department of the location of injection wells
within one year of approval of the state underground injection
control program by the United States Environmental Protection
Agency. The notification shall be on a form as prescribed by
the department and will include the information needed to
satisfy the requirements of 40 Code of Federal Regulations
Part 146.52.)) Specific requirements for Class V wells are
organized by wells that are used for storm water management
and wells that are used for other purposes. This section does
not apply to the Class V wells in WAC 173-218-100.

(1) New Class V UIC wells used for storm water management
must:

(a) Meet additional ground water protection area
requirements as determined by other state laws or by local
ordinances.

(b) Not directly discharge into an aquifer. A separation
between the bottom of the well and the top of the aquifer is
required. The treatment capacity of the unsaturated zone or
the zone where the fluid is discharged, and the pollutant
loading of the discharge must be considered when determining
the vertical separation (see Stormwater Management Manual for
Eastern Washington, 2004).

(c) The owner or operator of a new Class V well used to
manage storm water must meet the nonendangerment standard as
defined under WAC 173-218-080. The owner or operator of a new
Class V well must show compliance with the nonendangerment
standard prior to placing a new well into service. Compliance
with the nonendangerment standard may be met through one or a
combination of the following two approaches:

(i) Presumptive approach: The presumptive approach means
compliance with the nonendangerment standard is presumed,
unless discharge monitoring data or other site specific
information shows that a discharge causes or contributes to a
violation of chapter 173-200 WAC Water quality standards for
ground waters of the state of Washington. When:

(A) The well activity is in compliance with this chapter;
and

(B) The well is installed and operated in conformance
with storm water best management practices contained in storm
water technical manuals approved by the department, or
practices that are demonstrably equivalent to practices
contained in storm water technical manuals approved by the
department, including the proper selection, implementation,
and maintenance of all applicable and appropriate best
management practices for on-site pollution control are fully
implemented.

(ii) Demonstrative approach: The demonstrative approach
means that the technical bases for the selection of storm
water best management practices are documented. The
documentation must include:

(A) The method and reasons for choosing the storm water
best management practices selected;

(B) The pollutant removal performance expected from the
practices selected;

(C) The technical bases supporting the performance claims
for the practices selected, including any available existing
data concerning field performance of the practices selected;

(D) An assessment of how the selected practices will
satisfy the requirements of WAC 173-218-080 and chapter 173-200 WAC; and

(E) An assessment of how the selected practices will
satisfy both applicable federal technology-based treatment
requirements and state requirements to use all known,
available, and reasonable methods of prevention, control and
treatment.

(2) Existing Class V UIC wells used for storm water
management must be registered and complete a well assessment.
The following timelines must be met unless otherwise approved
from the department:

(a) If you own or operate less than or equal to fifty
wells:

(i) You have three years after the adoption date of this
rule to register your UIC wells with the department.

(ii) You have five years after the adoption date of this
rule to complete a well assessment. The approach to
conducting the well assessment will be determined by the
owner. The well assessment evaluates the potential risks to
ground water from the use of UIC wells and includes
information such as the land use around the well which may
affect the quality of the discharge, the local geology, depth
of the ground water in relation to the UIC well, and if the
UIC well is located in a ground water protection area.

(iii) The well assessment must also identify any wells
that are a high threat to ground water and include a retrofit
schedule.

(iv) Owners of existing Class V wells used for storm
water management may also use the approaches described in
subsection (1)(c) of this section to complete the well
assessment for their UIC wells.

(v) You must immediately take action to correct the use
of a well that is determined to be an imminent public health
hazard, for example when a drinking water supply is
contaminated and causes a public health emergency. The
department must be notified within thirty days from the
determination and may determine a retrofit schedule. The
department's enforcement procedure will be followed when a
retrofit schedule is needed.

(b) If you own or operate more than fifty wells:

(i) You have five years after the adoption date of this
rule to register your UIC wells with the department.

(ii) You have seven years after the adoption date of this
rule to complete a well assessment. The approach to
conducting the well assessment will be determined by the
owner. The well assessment evaluates the potential risks to
ground water from the use of UIC wells and includes
information such as the land use around the well which may
affect the quality of the discharge, the local geology, depth
of the ground water in relation to the UIC well, and if the
UIC well is located in a ground water protection area. The
well assessment must also identify any wells that are a high
threat to ground water and include a retrofit schedule.

(iii) Owners of existing Class V wells used for storm
water management may also use the approaches described in
subsection (1)(c) of this section to complete the well
assessment for their UIC wells.

(iv) You must immediately take action to correct the use
of a well that is determined to be an imminent public health
hazard, for example when a drinking water supply is
contaminated and causes a public health emergency. The
department must be notified within thirty days from the
determination and may determine a retrofit schedule. The
department's enforcement procedure will be followed when a
retrofit schedule is needed.

(c) If you own or operate a site that uses, stores,
loads, or treats hazardous substances or is an industrial
facility that has a Standard Industrial Classification listed
in Federal Regulations, 40 CFR Subpart 122.26 (b)(14)
(excluding construction sites), you must provide one of the
following:

(i) If the facility has or will have a National Pollutant
Discharge Elimination System (NPDES) permit, the associated
storm water pollution prevention plan can be used in place of
the well assessment to meet the nonendangerment standard if
applied to the UIC wells.

(ii) For unpermitted facilities, the Washington state
industrial storm water pollution prevention plan can by used
in place of the well assessment to meet the nonendangerment
standard if applied to the UIC wells or documentation must be
provided to show that the well does not receive hazardous
substances. Examples of documentation include, but are not
limited to, a site drainage map for the UIC wells or a
no-exposure certification form completed for discharges to
ground.

(3) Class V UIC wells not used for storm water
management:

(a) New UIC wells that are not used for storm water
management must:

(i) Not directly discharge into an aquifer, except for
wells listed in WAC 173-218-040 (5)(a)(ii) through (iv) and
(vii) through (xi). A separation between the bottom of the
well and the top of the aquifer is required.

(ii) Meet additional ground water protection requirements
if the UIC well is located in a ground water sensitive area
(see WAC 173-218-030) as determined by other state laws or by
local ordinances.

(b) Existing registered UIC wells that are not used for
storm water management are already considered to be rule
authorized. To verify that current site practices are
protective of ground water quality, the owner or operator must
complete a survey from the department. The department will
provide written notification that the current site practices
are adequate.

(c) Existing UIC wells that are not registered and not
used for storm water management must meet the requirements for
new wells.

WAC 173-218-100
((Permit terms and conditions.)) UIC
wells that automatically meet the nonendangerment standard.(((1) Any permit issued by the department shall specify
conditions necessary to prevent and control injection of
fluids into the waters of the state, including the following,
whenever applicable:

(a) All known, available, and reasonable methods of
prevention, control, and treatment;

(2) Any injection well that causes or allows the movement
of fluid into an USDW that may result in a violation of any
primary drinking water standard under 40 Code of Federal
Regulations Part 141 or that may otherwise adversely affect
the beneficial use of an USDW is prohibited.)) (1) The
following new and existing Class V UIC wells automatically
meet the nonendangerment standard and are considered rule
authorized after the well is registered. These Class V wells
are not subject to the requirements of WAC 173-218-090.

(a) UIC wells which inject fluids to control subsidence;

(b) UIC wells that temporarily inject fluids or other
material for the purpose of maintaining a properly functioning
water extraction well or dewatering well;

(c) Closed loop cooling water return flow wells that have
not added any chemicals or product to the water;

(d) Air conditioning or heat pump return flow wells that
have not added any chemical or product to the water, and used
to return fluid to the supply aquifer. The fluids must not
impair beneficial uses of ground water or surface water;

WAC 173-218-110
((Enforcement.)) Permit terms and
conditions if a UIC well is not rule authorized.(((1) For
violations of this chapter, the department shall have the
remedies available in the Water Pollution Control Act, chapter 90.48 RCW, and all other applicable statutes.

(2) All injection well operations not operated in
accordance with the provisions of this chapter, that cause or
tend to cause entry of fluids into the waters of the state as
a result of a violation of these provisions, constitutes
pollution of the waters of the state in violation of RCW 90.48.080.)) If you are denied rule authorization and you are
operating a UIC well, you must obtain a state waste discharge
permit under chapter 173-216 WAC State waste discharge permit
program or chapter 173-226 WAC Waste discharge general permit
program or close the well.

(1) Permit terms and conditions must meet the
requirements of chapters 173-216 and 173-226 WAC and this
chapter.

(2) All injection activities including construction of an
injection well are prohibited until the well is rule
authorized or issued a permit 40 CFR 144.31 (October 4, 2001).

(a) Wells must be decommissioned in a manner that
prevents movement of fluid containing any contaminant into the
ground water (40 CFR 144.82).

(b) When decommissioning wells, the owner or operator
must dispose or otherwise manage any soil, gravel, sludge,
liquids or other materials removed from or adjacent to the
wells in accordance with all applicable federal, state, and
local requirements (40 CFR 144.82b).

(2) Decommissioning standards for UIC wells that are
determined to be an imminent public health hazard or
prohibited:

(a) Class I wells are prohibited and must be
decommissioned in accordance with 40 CFR 146.

(b) Class III wells are prohibited and must be
decommissioned in accordance with 40 CFR 146.

(c) Class IV wells that are prohibited must be
decommissioned in accordance with 40 CFR 144, 146.

(d) Class V wells that are determined to be an imminent
public health hazard or are prohibited in this rule must be
decommissioned at the earliest extent possible as approved by
the department and meet the decommissioning standards, except
for:

(i) Existing cesspools that serve twenty or more people
per day must be decommissioned immediately (40 CFR 144.88);
and

(a) Class II wells must meet the closure requirements
found in chapter 344-12 WAC General rules.

(b) Class V wells must be decommissioned by filling or
plugging the well so that it will not result in an
environmental, public health or safety hazard, and will not
serve as a channel for movement of water or pollution to an
aquifer.

(i) UIC wells that are in contact with an aquifer, even
if they are in contact with only the seasonal high aquifer,
must be decommissioned in accordance with the most applicable
method found in chapter 173-160 WAC Minimum standards for
construction and maintenance of wells.

(ii) UIC wells that are not in contact with an aquifer
must be decommissioned by:

(A) Removing any structure within three feet of the land
surface;

(B) Backfilling up to three feet below the land surface
with material that is uncontaminated, chemically and
biologically inert, and that drains equal to or more slowly
than the native material surrounding the UIC well; and

(C) Filling the remaining three feet directly below the
land surface with native soil or other structurally sound
material common with current engineering practices.

(c) Septic systems that receive only sanitary waste and
serve more than twenty people per day must meet the
requirements in chapter 246-272B WAC Large on-site sewage
system regulations or chapter 246-272 WAC On-site sewage
systems.

(d) The department may require additional measures to
those above prior to the decommissioning of a UIC well if such
measures are deemed necessary to protect the public health and
safety.

(4) Decommissioning recordkeeping requirements for UIC
wells:

(a) The owner or operator of a Class I, II, III, or IV
well must notify the department thirty days prior to
decommissioning the UIC well except for UIC wells under the
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA).

(b) An owner or operator of a Class V well that is
determined to be an imminent public health hazard or that is
prohibited (such as an existing cesspool that serves twenty or
more people per day or a motor vehicle waste disposal well)
must notify the department thirty days prior to
decommissioning the well (40 CFR 144.88).

(c) After adoption of this rule, an owner or operator of
a Class V well that is determined not to be an imminent public
health hazard and is not prohibited must notify the department
within one year of the closure except for existing UIC wells
used for storm water management and septic systems that are
permitted and meet the requirements of chapter 246-272B WAC
Large on-site sewage system regulations. The owner or
operator must submit to the department, on an annual basis, an
update on the wells that have been decommissioned, once the
initial well registration(s) has been sent to the department.

[]

NEW SECTIONWAC 173-218-130
Enforcement.
(1) For violations of this
chapter, the department shall rely upon the provisions of the
Water Pollution Control Act, chapter 90.48 RCW, and all other
applicable statutes.

(2) All injection well operations not operated in
accordance with the provisions of this chapter, that cause or
tend to cause entry of fluids into the waters of the state as
a result of a violation of these provisions, constitutes
pollution of the waters of the state in violation of RCW 90.48.080.